Herbert Askew v. United States District Court For The Central District Of California

527 F.2d 469 Herbert ASKEW, an incompetent, by his Conservator, Virginia Askew, Petitioner, v. UNITED STATES DISTRICT COURT FOR the CENTRAL DISTRICT OF CALIFORNIA, Respondent, SCHAEFER'S AMBULANCE SERVICE, INC., a corporation, and the United States of America, Real Parties in Interest. No. 75--2222. United States Court of Appeals, Ninth Circuit. Nov. 19, 1975. Allen E. Botney (argued), Botney, Robbins & Kay, Encino, Cal., for petitioner. F. Eugene Westhafer (argued), Buck & Smith, Long Beach, Cal., for real party in interest. Before HUFSTEDLER and SNEED, Circuit Judges, and THOMPSON, * District Judge. OPINION PER CURIAM: 1 Askew sought mandamus to compel the district court to retain jurisdiction over Schaefer's Ambulance Service ('Schaefer's'), the real party in interest. Askew brought an action against the United States, under the Federal Tort Claims Act, and against Schaefer's for personal injuries that he sustained in a collision between Schaefer's ambulance, in which he was being transported, and a United States mail truck. He argued that the district court had jurisdiction over his action against Schaefer's because that claim arose out of the same accident that…